Title III: On the Governance of Religions

— I. 1. All religions are subject to the power, even dominative, of the Roman Pontiff; diocesan religions are also subject to bishops or quasi-bishops. As we were saying just now, n. 104, the supreme internal power is in the hands of the general or abbatial chapter; but governance is in the hands of Superiors with their Counselors. Yet these are not Superiors. More recent religions are accustomed to be administered by Superiors of a threefold grade: general, provincial, local. But in houses of their own right, such as monasteries of older religions, the Superior of the house is at the same time quasi-general. Counselors assist Superiors; their consultative vote must be sought in some affairs, their deliberative vote in other affairs of greater moment.

2. A Superior General and an independent Superior are elected by the chapter or congregation; in which election, besides their own Constitutions, the norms of common law must be observed. The mode of designating other Superiors varies: generally they are constituted by the Superior General and his council.

3. Merely local Superiors cannot be constituted for a time beyond a triennium; yet they can be confirmed once, if the constitutions bear this, but not twice immediately in the same house.

Major Superiors are of themselves temporary; yet they can be perpetual, or constituted for life. Yet in new religions of women, perpetual Superioresses will not be admitted.

4. Superiors General of religions of pontifical law must present a quinquennial report to the Holy See;⁽¹⁾ but all must promote the execution of decrees of the Holy See.

5. Religious houses are visited both by their own Major Superiors and by the Ordinary of the place, within the limits established by law.

6. Every religion of men of pontifical law must have a Procurator General who treats the affairs of the religion before the Holy See. Of itself the Procurator General must reside in Rome and pertain to the religion which he represents.

II. Concerning the governance of confessors, cf. what is to be said concerning the sacrament of penance. For lay religions not exempt, the Ordinary of the place designates the chaplain and approves preachers; for exempt clerical religions, the regular Superior provides; his negligence is supplied by the Ordinary (c. 530).

⁽¹⁾ The formula recently prepared is found in A. A. S., XIV, 101 or Periodica, XI, p. 18 ff.

— III. For temporal administration, oeconomi are to be constituted, whom the law requires to be distinct from Major Superiors; it desires them to be distinct from the local Superior (c. 516, §§2-4). Administration of goods is made according to the norm of the constitutions; yet the investment of money which constitutes the dowry of religious women requires the previous consent of the Ordinary of the place. The same Ordinary exercises greater power over houses of diocesan law and over houses of nuns than over other houses of pontifical law. In alienations of goods, the rules of common law must be observed, and the Superior needs the consent of his chapter or Council. And if there is question of alienating precious things or other things whose value exceeds the sum of thirty thousand francs or lire, the contract is null without antecedent apostolic good pleasure. The same good pleasure is necessary for contracting debts beyond the same sum (c. 534).

— I. The supreme power is in the general chapter; administration is in the hands of Superiors. Counselors assist these, with a voice sometimes deliberative, sometimes consultative. Temporal administration is made by oeconomi. In alienations, the solemnities of law are to be observed. A Superior General or quasi-General, that is, independent, is elected by the chapter; the rest sometimes by the chapter, generally by the Superior General and his council. A local Superior cannot be constituted beyond a triennium, or be confirmed immediately in the same convent for more than another triennium.

Congregations of pontifical law must, through the Superior General, present a quinquennial report to the Holy See; and institutes of men must have a Procurator General of their religion in the City. All Superiors must promote the execution of decrees of the Holy See.

Houses are visited by their own Superiors; and, within the limits of law, by the Ordinary of the place.

Concerning confessors, cf. the treatise on the Sacrament of Penance.